MISSOULA COUNTY

More than a year after a jury convicted a Lolo man of driving drunk and killing a Washington state man, Brian Holm is still walking free.

Holm drove drunk in November 2010 and ran over and killed 24-year-old Brian Beaver. He was sentenced to 30 years in prison with 15 suspend for the crime. But Holm appealed the conviction, claiming the judge fell asleep during his trial, and he got special permission to travel out of state for medical issues.

Holm was scheduled to return to Missoula County after his heart surgery, but now he's received another extension.

Court records filed recently say Holm may need a liver transplant before he can have heart surgery. Regardless he needs more testing, pushing back his return to the Missoula area.

Beaver’s family says it’s been a long battle for them and they just want to see Holm behind bars.

“It's been two years he should have been in jail this whole time, and hasn't served a day, still walking the streets,” said Brian Beaver’s father, Brian Beaver, Sr. “You don't lose someone that close to you without it affecting you, and it's not just one day…every day goes by, you have that loss.”

The court documents don't indicate when Holm is expected to return to the county, just that it will be longer than expected.